Research On Completing Of Constitutional Guarantees Of Citizen’s Right To A Fair Trial In Our Country

The right to a fair trial is constitutional, procedural, and fundamental human rights. It is put emphasis by almost all the legal states, constitutional states and the states which promote political civilization. What’s more, the right to a fair trial is confirmed and safeguarded by constitution in above states. In2004, our country revised constitution and added the provision of protecting human rights. The schedule of rights is important constitutional part of legal system, and right is the theme of modern rule of law. The diversity of civil rights represents the development level of a country. The right to a fair trial has significant meaning to everyone, not only to the defendant. Also, the right to a fair trial is significant to legislation and judiciary in our country. Nowadays, constitution in our country has some provisions on the right to a fair trial, they are, the41st provision undirected illustrates the right of civil filing a lawsuit in the court; the125th provision illustrates that the court should trial in public and illustrates the right to defense by defendant; the126th provision is relative regulation of judicial organs exercising jurisdiction individually; and the first paragraph of134th provision is about right to use national languages and be provided with translation. However, those regulations don’t regard the right to a fair trial as the basic civil right; the content about the right to a fair trial is not comprehensive; and the protective measures of the right to a fair trial are lacked. Reasons leading to those problems are:the affect of traditional notion which is close and lagged behind; the constitution makers lack the acquaintance of the importance of the right to a fair trial; and citizens lack the awareness of the protection of human rights themselves. In regards to the mode of constitutional guarantees of the right to a fair trial, there are usually direct authorization type, indirect authorization type, undirected protecting mode and composite protecting mode. According to our condition, it is suitable to take the composite protecting mode. To be specific, firstly, we should put the right to a fair trial in basic civil rights; secondly, we should complete the content about the right to a fair trial in constitution provisions, and keep the regulation about trial in public of the juridical organs. In the same time, we should take the measures of carrying out the principle of independent jurisdiction and completing the schedule of constitutional review.